The Veteran's claim for an earlier effective date of August 27, 2001, for service connection for a low back disability was granted. The June 5, 1970, rating decision denying service connection for a back condition is not considered to be clearly and unmistakably erroneous.
The deciding factor: The June 5, 1970, rating decision denied service connection based on the absence of evidence of a back disorder other than spina bifida. The Veteran's claim was subsequently reopened in October 1996 but remained denied due to lack of new and material evidence.
- Claimed conditions
- Back condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2010
- Citation
- 1003228
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1003228.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied service connection for bilateral hearing loss and remanded the claims for a back condition and neck condition.
- Partly granted
The Board granted service connection for an acquired psychiatric condition and a TBI, but denied the claim for PTSD as moot. The claims for service connection for a neck condition and back condition were remanded.
- Partly granted
The Board granted service connection for a back condition but denied service connection for bilateral upper extremity neuropathy and a skin condition of the feet and ankles.
- Partly granted
The Board granted an initial rating of 10 percent for bilateral hearing loss but denied service connection for a back condition, left foot disability, right foot disability, and right shoulder condition.
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